Marine Mammals; Subsistence Taking of Northern Fur Seals

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 215

[Docket No. 940414-4114; I.D. 032494B]

Marine Mammals; Subsistence Taking of Northern Fur Seals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule and subsistence harvest estimates for the

Pribilof Islands.

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SUMMARY: NMFS is required to publish an estimate of the number of seals

expected to be harvested in the current year to meet the subsistence

needs of the Aleut residents of the Pribilof Islands, AK, pursuant to

the regulations governing the subsistence taking of northern fur seals.

The purpose of these regulations is to limit the take of fur seals to a

level providing for the subsistence needs of the Pribilof residents and

to restrict taking by sex, age, and season for herd management

purposes. This notice estimates the number of seals to be taken in

1994. This notice also proposes to amend existing fur seal regulations,

making the harvest take estimates applicable for 3 years instead of 1

year. This proposed amendment is based on the fact that a relatively

consistent number of fur seals has been harvested each year since 1989,

and that NMFS does not expect subsistence needs to increase such that

takes for subsistence purposes will exceed the established upper limit

of the subsistence harvest estimate range first established for the

1992 harvest.

DATES: Written comments must be received by June 13, 1994.

ADDRESSES: Comments should be addressed to Dr. William W. Fox, Jr.,

Director, Office of Protected Resources, (F/PR), 1335 East-West

Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Steve Zimmerman, (907) 586-7235, or

Margot Bohan, (301) 713-2322.

SUPPLEMENTARY INFORMATION:

Background

The subsistence harvest of northern fur seals, Callorhinus ursinus,

on the Pribilof Islands, AK, is governed by regulations found in 50 CFR

part 215, subpart D--Taking for Subsistence Purposes. The purpose of

these regulations, published under the authority of the Fur Seal Act

(FSA), 16 U.S.C. 1151 et seq., and the Marine Mammal Protection Act

(MMPA), 16 U.S.C. 1361 et seq., is to limit the take of fur seals to a

level providing for the subsistence needs of the Pribilof residents and

to restrict taking by sex, age, and season for herd management

purposes. To minimize negative effects on the Pribilof Islands fur seal

population, the harvest has been limited to a 47-day season (June 23-

August 8) and is restricted to only subadult male fur seals.

Pursuant to the regulations governing the taking of fur seals for

subsistence purposes, NMFS must publish a summary of the previous

year's fur seal harvest (1993 harvest results were published on

November 1, 1993 (58 FR 59297)), and a projection of the number of

seals expected to be taken in the current year to meet the subsistence

needs of the Aleut residents of the Pribilof Islands, AK.

The projected estimates are given as a range, the lower end of

which may be exceeded if NMFS is given notice, and the Assistant

Administrator for Fisheries, NOAA (AA), determines that the annual

subsistence needs of the Pribilof Aleuts have not been satisfied (50

CFR 215.32(e)(3)). Conversely, the harvest can be terminated before the

lower end of the range is reached if it is determined that the annual

subsistence needs of the Pribilof residents have been met or the

harvest has been conducted in a wasteful manner.

Subsistence Estimates and Trends

The number of northern fur seals harvested on St. Paul Island since

1986 has ranged from 1,077 (1990) to 1,710 (1987) (Table 1). The annual

subsistence takes on St. George Island since 1986 have ranged from 92

(1987) to 319 (1993) seals (Table 1). Within the past 3 years, however,

the number of fur seals harvested annually has been relatively

consistent. Since 1991, the average number of seals harvested each year

on St. Paul and St. George Islands has been 1,548 (range: 1,482-1,645)

and 265 (range: 194-319), respectively (Table 1). Furthermore, the

actual number of animals harvested has never reached the upper end of

the estimated range. In 1992, for example, only 194 of the 365 fur

seals originally estimated for subsistence need during that year were

taken on St. George Island. In 1993, only 319 of the 407 seals

requested were taken to meet the subsistence needs of St. George

residents.

Table 1.-- Subsistence Harvest Levels for Northern Fur Seals on the Pribilof Islands, 1985-1993

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Subsistence estimates Actual harvest levels

Year -----------------------------------------------------------

St. Paul St. George St. Paul St. George

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1985................................................ ................ .............. 3,384 329

1986................................................ 2,400-8,000 800-1,800 1,299 124

1987................................................ 1,600-2,400 533-1,800 1,710 92

1988................................................ 1,800-2,200 600-740 1,145 113

1989................................................ 1,600-1,800 533-600 1,340 181

1990................................................ 1,145-1,800 181-500 1,077 164

1991................................................ 1,145-1,800 181-500 1,645 281

1992................................................ 1,645-2,000 281-500 1,482 194

1993................................................ 1,645-2,000 281-500 1,518 319

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Estimate of Subsistence Need for 1994

NMFS has used the previous year's harvest levels as a baseline to

estimate need in the current year. Household surveys have also been

conducted by the tribal government on each island since 1992 to

estimate, in part, the number of seals required to meet the subsistence

needs of the Pribilof Islands residents (57 FR 22450, May 25, 1992, and

58 FR 32892, June 14, 1993). However, not all households can be

assessed during a survey. Therefore, results of these surveys provide

an index of need rather than an absolute estimate.

NMFS requested that the tribal government on each island determine

the number of fur seals that each household would need for the coming

year on January 13, 1994. This year's results were consistent with past

subsistence harvest survey requests and take records. Therefore, NMFS

proposes that the same estimate ranges be established for 1994 as were

established for 1992 and 1993: 281-500 fur seals for St. George Island

and 1,645 to 2,000 for St. Paul Island. NMFS' biologists will continue

to monitor the entire harvest on St. George and St. Paul Islands to

ensure that the harvest is carried out in a manner that fully complies

with the regulations specified at 50 CFR 215.32.

As described earlier in this notice, if the Aleut residents of

either island reach the lower end of this yearly harvest estimate and

have unmet subsistence needs and no indication of waste, they may

request an additional number of seals up to the upper limit of the

respective harvest estimates. The residents of St. George Island and

St. Paul Island may substantiate any additional need for seals by

submitting in writing the information upon which they base their

decision that subsistence needs are unfulfilled. The regulations at 50

CFR 215.32(e)(1)(iii) require a suspension of the fur seal harvest for

up to 48 hours once the lower end of the estimated harvest levels is

reached. The suspension is to last no more than 48 hours, followed

either by a finding that the subsistence needs have been met or by a

revised estimate of the number of seals necessary to satisfy the

Aleuts' subsistence needs.

Proposed Modification to Fur Seal Regulations

In a notice published on August 1, 1991, NMFS acknowledged the need

to develop other methods to monitor the subsistence harvest conducted

on the Pribilof Islands (56 FR 36735). In a workshop conducted by NMFS

on November 5, 1991, NMFS recognized the need to reevaluate the

regulatory issues regarding subsistence, to determine whether changes

in the fur seal harvest from a commercial endeavor to one for

subsistence may have warranted a revision of the current management

regime.

As a first step towards addressing these concerns, NMFS proposes an

amendment to Sec. 215.32 of the FSA regulations, allowing subsistence

take estimates to be applicable for a 3-year period, beginning in 1994.

During this 3-year period, NMFS will examine the current subsistence

harvest management regime. The proposed amendment is based on the fact

that the actual number of fur seals harvested each year since 1989 has

been relatively consistent (Table 1), and the fur seal take has never

exceeded the upper limit of the estimated range for subsistence need

within any year of the harvest. Due to recent commercial development in

the Pribilof Islands, NMFS anticipates that the subsistence needs will

increase during the next 3 years, but, based on historical evidence to

date, the annual subsistence needs are not expected to increase to

levels exceeding the range established in the 1993 final estimate.

Classification

NMFS has determined that the approval and implementation of this

proposed rule will not significantly affect the human environment, and

that preparation of an Environmental Impact Statement on this is not

required by section 102(2) of the National Environmental Policy Act or

its implementing regulations. This rule makes only minor changes to the

regulations governing the taking of fur seals for subsistence purposes;

this action does not entail significant substantive revision. Because

this rule does not alter the conclusions of previous environmental

impact analyses and environmental assessments, it is categorically

excluded by NOAA Administrative Order 216-6 from the requirement to

prepare an environmental assessment.

This proposed rule has been determined to be not significant

pursuant to E.O. 12866.

The General Counsel, Department of Commerce, certified to the Chief

Counsel for Advocacy of the Small Business Administration that this

proposed rule, if adopted, will not have a significant economic impact

on a substantial number of small entities. The only impact will be on

individual native Alaskan residents of the Pribilof Islands due to

revision of the schedule for estimating fur seal harvest levels from an

annual estimate to an estimate applicable to a 3-year period.

Therefore, a regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 215

Administrative practice and procedure, Marine mammals, Penalties,

Pribilof Islands, Reporting and recordkeeping requirements.

Dated: May 9, 1994.

Charles Karnella,

Acting Program Management Officer.

For the reasons set out in the preamble, 50 CFR part 215, subpart

D, is proposed to be amended as follows:

PART 215--PRIBILOF ISLANDS

1. The authority citation for part 215 continues to read as

follows:

Authority: 16 U.S.C. 1151-1175, 16 U.S.C. 1361-1384.

2. Section 215.32 is amended by revising paragraph (b) to read as

follows:

Sec. 215.32 Restrictions on taking.

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(b) By April 1 of every third year, beginning April 1994, the

Assistant Administrator will publish in the Federal Register a summary

of the preceding 3 years of harvesting and a discussion of the number

of seals expected to be taken annually over the next three years to

satisfy the subsistence requirements of each island. This discussion

will include an assessment of factors and conditions on St. Paul and

St. George Islands that influence the need by Pribilof Aleuts to take

seals for subsistence uses and an assessment of any changes to those

conditions indicating that the number of seals that may be taken for

subsistence each year should be made higher or lower. Following a 30-

day public comment period, a final notification of the expected annual

harvest levels for the next 3 years will be published.

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[FR Doc. 94-11615 Filed 5-12-94; 8:45 am]

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